1540 LAWS OF MARYLAND. [CH. 542

with the said clerk's initials written on the back thereof, and
without any other written sign or mark thereon. The Council
shall provide a convenient and suitable place within said booth
or voting place where the said voter may fill out or mark said
ballot privately by placing a cross (N) mark opposite the name
of the candidate for whom he desires to vote, but in so doing
said voter shall make or place no other mark, writing or device
than such as is authorized by this section. No voter shall oc-
cupy more than five minutes in marking his ballot, at the end
of which time and at the demand of the Clerk of Election, the
voter shall immediately surrender his said ballot to the Judge
of Election designated for that purpose. Before being sur-
rendered to the Judge of Election the said ballot shall be prop-
erly folded so as to show the initials of the Clerk of Election,
and if said initials shall properly appear thereon, the said bal-
lot shall be received and placed in the ballot box. If on open-
ing of any of said ballots it shall appear that the voter has
placed thereon any unauthorized marks, writing or device, the
ballot on which such unauthorized marks appear shall not be
counted by the Judges of Election.

(E) If the initials of the Clerk of Election shall not appear on
the back of said ballot it shall not be placed in the ballot box,
but shall be rejected and kept by the Judges and Clerk of Elec-
tion in a separate place. If any ballot be spoiled by a voter he
may surrender same and receive from said clerk a second ballot
to be voted. Rejected ballots shall not be counted by the Judges
of Election, but shall be preserved by the said Judges and the
Clerk of Election. The Judges of Election shall transmit all
ballots counted by them, and all such rejected ballots, as a part
of their report of the election, to the Council. Such reports of
election shall be filed as part of the official records of the said
town; provided, however, that the Council may in their dis-
cretion, by ordinance, direct that such ballots may be destroyed
at any time after the expiration of two years from the election
at which such ballots were cast.

(F) The Council shall receive all election returns, and with-
in ten days after said election shall declare the result thereof.
They shall determine all questions arising thereon; and any
person conceiving himself aggrieved by reason of such decision
may appeal to the Circuit Court of Montgomery County, which
shall hear and determine the same, and determine who shall
pay the costs of appeal. In case of a tie at any election for
Mayor and members of the Council, another election shall be